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CHAPMAN v. VARELA

Nos. 27,069, 27,164.

191 P.3d 567 (2008)

2008-NMCA-108

In the Matter of the Estate of Gregoria C de Baca, Deceased. Edwina CHAPMAN and Gilbert C de Baca, Plaintiffs-Appellants/Cross-Appellees, v. Vincent VARELA, Defendant-Appellee/Cross-Appellant. and In the Matter of the Estate of Gregoria C de Baca, Deceased. Edwina Chapman and Gilbert C de Baca, Plaintiffs-Appellees, v. Viola Varela, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted, No. 31,234, August 11, 2008.

Attorney(s) appearing for the Case

J. Ronald Boyd, Santa Fe, NM, for Edwina Chapman and Gilbert C de Baca.

Thomas A. Simons, IV, Faith Kalman Reyes, Simons & Slattery, LLP, Timothy Vidal, Canepa & Vidal, P.A., Santa Fe, NM, for Vincent Varela and Viola Varela.

OPINION

CASTILLO, Judge.

{1} In this case, we are required to consider whether the trial court properly concluded, by clear and convincing evidence, that a will was the product of undue influence. After reviewing the record, we hold that the party challenging the will did not establish a prima facie case of undue influence. We also consider whether the trial court properly granted a claim for slander of title and denied a claim for malicious...

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